The Process of a Direct Appeal in Texas

 Posted on February 24, 2025 in Appeals

When the Court of Appeals is asked to overturn your sentence because of a legal error made by the judge during your trial, this is known as a direct appeal. While any case in which the death penalty has been assessed will go directly to the Court of Criminal Appeals, other criminal cases will go to one of 14 Courts of Appeals across the state, and the decisions of the Court of Appeals can be reviewed by the Court of Criminal Appeals. If you believe the judge in your case made an error that would have changed the outcome of your trial, it is time to speak to an experienced Conroe, TX appeals attorney.

What Are Some Reasons for a Direct Appeal?

Perhaps the judge in your case excluded evidence that would have benefitted you or admitted certain evidence that almost certainly harmed your outcome. Either of these would be the basis for overturning your conviction through appeal. Maybe your attorney intended to put a witness on the stand who would have spoken to your character, yet the judge refuses to let him or her testify.

The state may have called a witness who testified that you are a person with a history of violence, and while allowing the testimony, the judge did not allow a rebuttal witness. This scenario can also result in the Court of Appeals overturning your conviction and ordering a new trial. Constitutional errors in criminal cases are the most important type of error. As an example, the Fourth Amendment protects you from illegal searches and seizures.

Perhaps you are charged with drug possession. The police searched your home and seized the drugs without a warrant, so the evidence would be considered inadmissible since the police failed to secure a valid warrant. If the trial judge admitted the evidence despite the fact that there was no proper search and seizure, this would be grounds for an appeal.

What Does "Preserving Error" Mean?

The error made by the judge must be "preserved" if an appeal is to be filed. This basically means that your attorney objected to the judge’s decision in a timely manner during the trial. This objection was then recorded by the court reporter. If your attorney fails to object to a decision by the judge, it will be much more difficult – or even impossible – to get the Court of Appeals to hear your appeal.

How is Asking for a New Trial Different from Filing for an Appeal?

If you believe your lawyer did a poor job of representing you, say by failing to call witnesses who would have testified positively on your behalf, you can ask for a new trial based on ineffective counsel. Or maybe a week after your trial concludes, you find out that the prosecutor deliberately withheld evidence that would have proven your innocence. Again, you can ask for a new trial by having a hearing in front of the judge and presenting the new evidence. If the judge denies your motion for a new trial, then the hearing transcript can be considered by the Court of Appeals.

Appeal Deadlines

If you plan on appealing your sentence, your attorney must provide formal notice to the trial court within 30 days from when you were sentenced. A motion for a new trial will expand this window to 90 days. A motion for a new trial must be filed within thirty days from when you were sentenced. You may be eligible for an appeal bond while your appeal is pending if you were sentenced to less than 10 years in prison and the offense was not an aggravated felony offense.

Contact a Montgomery County, TX Appeals Lawyer

An appeal can give you a second chance at a better outcome. It is important that you choose a highly qualified Conroe, TX appeals attorney from Pullan & Young to ensure your appeal is handled properly. Attorney Pullan is a former Assistant District Attorney, while Attorney Young is a former prosecutor – both benefit the outcome of your case. Call 936-647-1540 to schedule your free consultation.